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Section 5: Power to hold inquiries

Customs Act · PART II: ADMINISTRATION

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

5. Power to hold inquiries (1) The Director-General may hold any inquiry or may direct an inquiry to be held into any matter under his responsibility and management, or into the conduct of any officer. (2) Where the Director-General thinks it necessary or desirable so to do for the purpose of this Act, he may, by Order, require any person to attend as a witness and give evidence, produce any document in his possession or power or otherwise furnish information, which relates to any matter relevant to the inquiry. C62 – 11 [Issue 9] Customs Act (3) Where any document is produced pursuant to subsection (2), the Director-General may take copies of, or extracts from, it or require the person producing it, or any connected person, to provide an explanation of any such document. (4) Where a person is unable to produce a document, he may be required to state, to the best of his knowledge, where the document is. (5) Any person who fails to comply with an Order under subsection (2) or with subsection (3) or (4), shall commit an offence and shall, on conviction, be liable to a fine not exceeding 25,000 rupees. (6) Any person who, when heard as a witness in any such inquiry, gives false evidence shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 2 years. [S. 5 amended by s. 27 (3) (c) of Act 33 of 2004 w.e.f. 1 July 2006.]

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